Probate & Trust Law Section Conference Manual ... - Minnesota CLE

(b) Personal property not exceeding $10,000 value – Minn. Stat. §524.2-403(a)(i).
(c) One automobile of any value – Minn. Stat. §524.2-403(a)(2).
You should also pay particular attention to actions that may constitute waivers of the
right to elective share. The statute recognizes that the rights endowed upon the surviving
spouse may be waived partially or in whole, after marriage, by a written contract, agreement, or
waiver signed by the party waiving after fair disclosure. 13
Waivers can also be in the form of an antenuptial/prenuptial agreement pursuant to
sections 519.11 of the Minnesota Statutes.
Note: Waiver of “All Rights” or equivalent language, in the property or estate of a
spouse is a waiver only of the right to elective share. Minn. Stat. § 524.2-213.
If the surviving spouse is receiving medical assistance, the state is particularly interested
in affording the medical assistance recipient the right to elective share even if the surviving
spouse had previously waived rights either orally or by written contract. This reprieve though is
not applicable to a validly executed antenuptial agreement. 14
In the payment of elective share amounts, protection is given to other third parties who
purchased property subject to election for value. These third parties are not liable to the
surviving spouse unless, of course, they received notice of intention to file by the surviving
spouse. 15
6. MAKING THE ELECTION
If you have decided after careful analysis that your client, the surviving spouse, should
proceed with an election against the decedent’s will, you must now decide when and how to
make the election.
13 Minn. Stat. § 524.2-213.
14 Minn. Stat. § 524.2-215(f).
15 Minn. Stat. § 524.2-214.
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